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(영문) 대구지방법원 2017.08.23 2017노1723
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 3 million imposed by the court below is too uneased and unreasonable.

2. It is recognized that the crime of transferring an access medium, such as this case, requires strict punishment because it harms the stability and reliability of electronic financial transactions and is highly likely to be abused for other serious crimes. Meanwhile, the prosecutor’s assertion is without merit, in light of the following: (a) the Defendant recognized the facts charged and reflects his fault; (b) the Defendant did not obtain any economic benefits from the instant crime; (c) the Defendant did not have any criminal conviction exceeding the same or fine; and (d) the Defendant did not have any criminal conviction other than the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after the instant crime.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.

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